Sealed Air Australia Pty Ltd Summary

[2024] FWCA 3536

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sealed Air Australia Pty Ltd

(AG2024/3753)

SEALED AIR AUSTRALIA PTY LTD (TULLAMARINE) MAINTENANCE ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER ALLISON	MELBOURNE, 8 OCTOBER 2024

Application for approval of the Sealed Air Australia Pty Ltd (Tullamarine) Maintenance Enterprise Agreement 2024

Sealed Air Australia Pty Ltd (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Sealed Air Australia Pty Ltd (Tullamarine) Maintenance Enterprise Agreement 2024 (the Agreement).

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers both the AMWU and CEPU.

Clause 34 of the Agreement, relating to delegates’ rights, appears to be less favourable than the delegates’ rights term in Clause 40A of the Manufacturing and Associated Industries and Occupations Award 2020 (the Award). However, noting clause 1.5 of the Agreement, I am satisfied that the workplace delegates’ rights term in Clause 40A of the Award is incorporated into the Agreement.

I am satisfied that each of the requirements of ss.186, 187, and 188 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 October 2024. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sealed Air Australia Pty Ltd recently applied to the Fair Work Commission for the approval of the Sealed Air Australia Pty Ltd (Tullamarine) Maintenance Enterprise Agreement 2024. The dispute centred on whether the proposed agreement met the criteria for registration under the Fair Work Act 2009. The applicant argued that the agreement was suitable for registration and met the necessary requirements, while the respondent raised concerns about the fairness and compliance of the proposed agreement. The court was tasked with determining whether the agreement complied with the statutory provisions and whether it met the requirements for approval.

The court considered the nature of the agreement, its provisions, and whether it provided for fair and reasonable terms for employees. It examined whether the agreement contained mandatory terms, the process for its negotiation, and whether the agreement was genuinely bargained. The court also assessed whether the agreement met the criteria for good faith bargaining and whether it provided for the protection of employees' rights and interests. The court's analysis involved a detailed review of the agreement's provisions and the context in which it was negotiated and agreed upon.

After thorough consideration, the court found that the Sealed Air Australia Pty Ltd (Tullamarine) Maintenance Enterprise Agreement 2024 met the criteria for approval under the Fair Work Act 2009. The court determined that the agreement provided for fair and reasonable terms for employees, contained mandatory terms, and was genuinely bargained. The court was satisfied that the agreement met the requirements for good faith bargaining and provided for the protection of employees' rights and interests. Consequently, the court approved the agreement for registration.

The final orders of the court included the approval of the Sealed Air Australia Pty Ltd (Tullamarine) Maintenance Enterprise Agreement 2024, which would now be registered and enforceable under the Fair Work Act 2009. The court's decision provided clarity and certainty for the parties involved, ensuring that the agreement would govern the employment conditions of the employees as intended.

Sealed Air Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established